Keith Mack
Texas is one of the few states that recognize common-law marriages, also known as informal marriages. A common-law marriage is a legal union between two people who live together and present themselves as a married couple without going through a formal ceremony or obtaining a marriage license. While it is not a requirement, couples can register their common-law marriage by signing a declaration with the county clerk. Proving a common-law marriage can be important when a relationship is ending (divorce) and in determining inheritance rights.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Recognized by the state of Texas |
| Same-sex common-law marriage | Recognized by the state of Texas |
| Legal requirements | Must live together, agree to be married, and hold out to others that they are married |
| Marriage license | Not required |
| Ceremony | Not required |
| Divorce | Requires filing divorce papers, dividing assets, and potentially seeking spousal support or addressing child custody issues |
| Time length | No requirement for how long the couple must live together |
| Proof of marriage | Declaration with the county clerk, lease agreements, tax returns, insurance policies, etc. |
| Statute of limitations | Two years after separation with no action to end the marriage |
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What You'll Learn
Common law marriage requirements in Texas
Texas is one of the few states that recognize common-law marriages. These informal unions, which don't require a marriage license or traditional ceremony, can have serious legal consequences, especially when they dissolve.
To establish a common-law marriage in Texas, three key requirements must be met:
- Both partners must agree verbally or through their actions to be married.
- Both partners must live together and present themselves as a married couple.
- Neither partner can be married to anyone else.
Couples who are common-law married may skip the formal ceremony and not obtain a marriage license. However, couples must take certain steps to prove a legal marriage exists. The easiest and most clear-cut way to legally establish an informal or common-law marriage is for the couple to go to the county clerk's office together and sign a declaration of informal marriage. After this, the couple can obtain a marriage license in Texas.
The signing and filing of the Declaration of Informal Marriage form validate the Texas common-law marriage as a legal marriage and entitle the parties to the same rights and duties as couples joined through a traditional marriage. These rights include community property laws, which dictate that both spouses own any property acquired during the marriage equally. Common-law spouses in Texas also have the right to inherit from one another, even without a formal will.
Proving the existence of a common-law marriage can be challenging, especially if one partner denies the marriage. It may be necessary to go to court to prove a common-law marriage. If two years pass after a common-law marriage couple separates and neither party has filed anything to prove the marriage, the state presumes that the marriage never existed.
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How to prove a common law marriage
In Texas, a common-law marriage is a valid and legal way for a couple to marry without a formal ceremony or a marriage license. While it is not mandatory, couples can register their common-law marriage by filing a declaration with the county clerk. This declaration is considered the easiest and most clear-cut way to prove a common-law marriage.
If a couple chooses not to declare their common-law marriage, they might have to rely on other documents such as lease agreements, tax returns, and insurance policies to prove their marriage. In the absence of a declaration, if there is a dispute about the existence of a common-law marriage, the couple may have to go to court to prove the marriage. Texas law imposes a two-year statute of limitations on these types of proceedings.
To prove a common-law marriage in court, couples must show evidence of the following:
- Both parties must be at least 18 years old.
- Neither party can be married to anyone else.
- The parties may not be related to one another.
- The couple must live together.
- The couple must agree that they are married.
- The couple must hold themselves out to others as a married couple.
It is important to note that proving a common-law marriage does not depend on the length of time the couple has been together or whether they have children together. Once proven, a common-law marriage is legally equivalent to a formal marriage.
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Common law marriage and divorce
Texas is one of the few states that recognize common-law marriages. These are also known as informal marriages, and they are a valid and legal way for a couple to marry in Texas. Common-law marriages do not require a marriage license or a traditional ceremony. However, cohabiting is not enough to establish a common-law marriage; specific requirements must be met.
To establish a common-law marriage in Texas, three key requirements must be met: both partners must agree verbally or through their actions to be married; they must live together; and they must hold themselves out to others as a married couple. This can be achieved through reputation (the belief by the couple's community that they are married) or declaration (making explicit statements that they are married). Couples can register their common-law marriage by signing a declaration of informal marriage with the county clerk, after which they can obtain a marriage license.
If a common-law couple decides to separate, they must file for divorce, and the dissolution process is similar to that of a traditional marriage. However, one key difference is that the first step may involve proving the existence of the common-law marriage, especially if one party contests it. Texas law places a two-year statute of limitations on these types of proceedings, and if court proceedings are not filed within two years of the separation, Texas law presumes the marriage never existed.
Proving a common-law marriage can be important when it comes to divorce, as it affects how property and liabilities are split between the partners. Under Texas law, all property acquired during a marriage (formal or common-law) is considered community property and is divided equally. This also applies to debts accumulated during the marriage. If no common-law marriage is proven, there is no marital property or debts to divide, and each partner keeps their own property and remains individually responsible for their debts.
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Common law marriage and inheritance
Texas recognizes common-law marriages, which are as legally valid as formal marriages. Common-law marriages, or informal marriages, are created when certain specific legal requirements are met.
To establish a common-law marriage in Texas, couples must meet three conditions:
- Both parties must agree that they are married.
- Both parties must live together.
- Both parties must hold themselves out to others as a married couple.
Additionally, couples must comply with other Texas marriage laws, such as both parties being at least 18 years old and neither party being married to anyone else.
Proving a common-law marriage is critical when it comes to inheritance or other legal matters involving the relationship. If a common-law spouse dies, the surviving spouse must legally establish that they were in a common-law marriage to be determined as the closest relative and claim inheritance. This is because, under Texas estate law, a common-law spouse has the same rights and privileges as a spouse in a formal or traditional marriage.
The surviving spouse of a common-law marriage in Texas has the following rights:
- They can inherit from the decedent's estate, whether the decedent died with or without a valid will.
- They have a 50% interest in the community property, which includes all property acquired during the marriage except for gifts or inheritances.
- They have homestead rights, or the right to live in the homestead (primary residence) for the remainder of their life, regardless of the decedent's will.
- They can claim certain personal property as exempt from creditors' claims and estate administration expenses.
- They may be granted a family allowance by the court, which is a reasonable amount of money for the spouse's maintenance and support for up to one year following the decedent's death.
To prove a common-law marriage in Texas, couples can register their marriage by filing a declaration with the county clerk and signing a Declaration of Informal Marriage. If no declaration was filed, it may be necessary to go to court and provide evidence to support the claim of a common-law marriage. This evidence can include:
- Witness testimony from friends and family who can confirm that the couple presented themselves as married.
- Insurance policies listing each other as spouses or beneficiaries.
- Employer records claiming each other as spouses.
- Mail, bills, or other correspondence addressed to the couple using a shared last name or referring to them as a married couple.
- Lease agreements, tax returns, and other documents.
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Common law marriage and same-sex couples
Texas recognizes common-law marriages, also known as informal marriages, as a valid and legal way for a couple to marry. This applies to both different-sex and same-sex couples.
To establish a common-law marriage in Texas, couples must meet three requirements:
- Both parties must agree to be married.
- After agreeing, they must live together in Texas as a married couple.
- They must represent themselves to others in Texas as a married couple.
Same-sex couples in Texas can register their common-law marriage by filing a Declaration of Informal Marriage with the county clerk in the county of their residence. This is not a requirement, but it can make it easier to prove the marriage if necessary. If no declaration was filed, and there is a dispute about whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. This can be important when a relationship is ending and in determining inheritance rights.
Texas law places a two-year statute of limitations on these types of proceedings. If court proceedings are not filed within two years of the couple's separation, Texas law presumes the couple never intended to be married, and it becomes harder to prove the existence of a common-law marriage.
Same-sex couples in Texas who have entered into a common-law marriage have the same rights and privileges as couples who are married through a formal ceremony or marriage license. This includes the right to divorce, and the division of property and liabilities during a divorce.
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Frequently asked questions
A common-law marriage, also known as an informal marriage, is a legal union between two people who live together and present themselves as a married couple without going through a formal ceremony or obtaining a marriage license.
To prove a common-law marriage in Texas, couples must meet three key requirements: both partners must agree verbally or through their actions to be married, they must live together, and they must hold themselves out to others as a married couple.
Common-law spouses in Texas have the same rights as formally married couples, including the right to inherit from one another even without a formal will. Texas's community property laws also apply, meaning any property acquired during the marriage is considered jointly owned.
Ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to split up, they must file for divorce and divide their assets. However, the first step may involve proving the existence of the marriage, especially if one partner contests it.
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